crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.8
Definition of law enforcement officer includes specific roles and agencies.
1 Section 473.1 of the Criminal Code (at the end of the
Defines the scope of law enforcement officers.
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.9
1 Subsections 6(2A) and (2B)
Definition of emergency service facility
1(2A) Subsections 6(2A) and (2B)
emergency service facility has a temporal relation to the declaration
emergency service facility is declared by the Minister during a specific time period
emergency service facility is a subclass of premises
Declare premises as emergency service facility
1(2B) Subsections 6(2A) and (2B)
Minister's declaration not a legislative instrument.
1(2C) Subsections 6(2A) and (2B)
is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(2C) A declaration by the Minister under subsection (2B)
Minister's declaration is not an obligation to comply with the Legislative Instruments Act 2003
(a) the name of the force or service operating the premises to which the declaration relates; (b) the geographical region in which those premises are located.
Minister must specify force and geographical region in declaration
1(2D) Subsections 6(2A) and (2B)
Temporal relation between declaration and specification
(2D) If the Minister makes a declaration under subsection (2B)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.13
The Ombudsman must include certain information in each report.
10 After subsection 84(1)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.14
Request for reporting on telecommunications services intercepted under warrants.
10 Crimes Legislation Amendment (Telecommunications Interception and Other
the total number of telecommunication services intercepted under those warrants;
Requires reporting on telecommunications services.
(i) how many of those warrants involved the interception of a single telecommunications service;
(ii) how many of those warrants involved the interception of between 2 and 5 telecommunications services;
(iii) how many of those warrants involved the interception of between 6 and 10 telecommunications services;
(iv) how many of those warrants involved the interception of more than 10 telecommunications services;
(ec) in relation to all named person warrants issued during that year on application made by each agency or authority, the total number of telecommunication services intercepted under those warrants;
Obligation to include certain information
Add “and” at the end of paragraphs 100(1)(a), (b), (c), (d) and (e)
11 At the end of paragraphs 100(1)(a), (b), (c), (d) and (e)
Inserts new provisions about named person warrants into the Telecommunications (Interception) Act 1979.
12 After paragraph 100(1)(e)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.16
12 Crimes Legislation Amendment (Telecommunications Interception and Other
Add “and” at the end of paragraphs 100(2)(a), (b), (c), (d) and (e)
13 At the end of paragraphs 100(2)(a), (b), (c), (d) and (e)
Imposes a duty on the legislative body to add ‘and’.
Relevant statistics about named person warrants must be provided.
14 After paragraph 100(2)(e)
Amendment of the Telecommunications (Interception) Act 1979 Schedule 2
14A Before paragraph 103(b)
Reference to an employee of a carrier includes a reference to a person engaged by the carrier or whose services are made available to the carrier.
15 After subsection 5(4)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.10
2 After paragraph 103(ac)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.11
Inspection of communications does not constitute an interception.
3 Before subsection 6(3)
4 Before subsection 6(3)
Omit reference to Australian Communications Authority
5 Subsection 6(2H)
6 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Revocation of declaration upon disallowance by Parliament
6(2E) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Section 42 of the Legislative Instruments Act 2003
No interception for lawfully engaged personnel
6(2F) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Exempts listening or recording from interception
Signs must be visible at each entrance to an emergency service facility.
6(2G) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Prohibits listening or recording communications at emergency service facilities.
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.12
8 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Receiving or assisting a person guilty of an offence to escape punishment or dispose of proceeds.
8 Subsection 5(1) (after paragraph (d) of the definition of
Prohibits receiving or assisting a person guilty of an offence.
Repeal paragraph and substitute with a proceeding by way of an application for a restraining order.
9 Paragraph 6K(c)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.5
1 Short title
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.6
Table of sections and commencement provision
1 Section 1
1 March 2005.
1 March 2005
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.7
1 June 1980.
1 June 1980
10 Section 10
17 December
2 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
3 Section 3
3 Schedule(s)
4 Section 4
4 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Requires a relation between identifiable temporal intervals
5 Section 5
Defines temporal interval for commencement
6 July 2005
6 Section 6
The day on which this Act receives the Royal Assent.
7 Section 7
8 Section 8
9 Section 9
This Act comes into force on the specified day
An Act to extend the circumstances in which communications can be intercepted without warrant, and for other purposes
Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Act 2005